logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
집행유예
(영문) 수원지방법원 2013.5.7.선고 2013고합157 판결
미성년자추행
Cases

2013Indecent Acts against minors

Defendant

Kim Jong-young (Yek 92 People, Women), and Non-permanent

In the case of residential accommodation, the wife population;

Gyeongbuk-gu in original domicile

Prosecutor

Kim Jong-young (Lawsuits) and the authorized number (Trial)

Defense Counsel

Attorney Lee Dong-young (National Assembly)

Imposition of Judgment

May 7, 2013

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Probation for the accused, community service for 120 hours, and sexual assault therapy for 40 hours;

Each class shall be ordered to take a course.

Reasons

Facts of crime

The Defendant is a victim yellow ○○ (nive, 19 years of age) and a middle school dong dong dong dong dong dong Doctrine.

With the knowledge that he knows that he is good, he would like to maintain postal administration with the victim as he is friendly to him, sent his message to the victim as he was oO, made the victim use his message, and delayed as he did, and had the victim use his message, and had the victim use his message, and had the victim use it for an indecent act against him.

1. On March 2012, the Defendant: (a) while working in the Mosel room where it is difficult to know the trade name near the Dongdaemun-gu Seoul, Dongdaemun-gu, with the victim, the victim does not refuse to directly see the face when the victim wants to report this 00, who suffers from the fluence of this Ordinance; (b) she can see her face if she is her inside, and she can her face if she talks with the victim; and (c) her talks with the victim after having the victim write her inside, she opened a visit again as she entered the victim, and her sits around the victim, and talked with a low voice, and her her flussing the victim, as he/she was in this way, by viewing the victim and her flusing him/her.

2. On April 2012, 2012, the Defendant heard the horses that the victim was playing by talking with the victim while talking with the victim at the office of the Defendant located in the territory of the Republic of Korea, on the grounds that he/she had the victim go together with his/her friendship, and made him/her go to the office of the Defendant. On the ground that he/she was 00, the Defendant had the victim go to go to the office of the Defendant, after having the victim go to go to the house of the Defendant and going to go to the room after having the victim go to the house of the Defendant.

As if this entered, it opened a door again and talks with low voice of the victim, and indecently committed indecent acts against the minor victim in such a way as to spread down the victim's bucks after deceiving the victim as if he were 00.

3. On May 2012, the Defendant: (a) called the victim by phoneing to the victim; (b) made a false statement; (c) sought the victim’s house of the victim of the YUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUU.U.U.U.U.U.U.U.U.U.U.U.U.U.U.U.U.U.U.U.U.D. 200.

4. On July 21, 2012, the Defendant committed an indecent act on July 20, 2012, 200: Around 00, the Defendant: (a) made the victim raise an objection; (b) made the victim use the inside and talked with low voice, etc.; (c) made the victim use the inside of the victim as if he/she was an OO, and she gets involved in the victim’s shoulder, breast, buckbucks, and suckbucks; and (d) committed an indecent act against the minor victim, such as inserting the sexual flag pattern that he/she prepared in advance into the victim’s quality.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement to ○○○;

1. Letters sent and received by the victim and the defendant;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 302 of the Criminal Code

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation, order to provide community service and attend lectures;

Article 62-2 of the Criminal Act

Reasons for sentencing

The crime of this case seems to have been committed by the victim who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually,

However, the Defendant’s confession of the entire crime of this case and reflects the mistake, and the Defendant’s criminal records do not have any means to punish the Defendant, and the Defendant’s fights were distorted and distorted in the process of growing up in a very poor family environment where the parents’ in-depth and alcohol addiction, and frequently married couple’s fightings are in a very poor family environment, and the Defendant appears to have caused the instant crime during the process of gathering too much friendly friendly victims, taking into account all the circumstances shown in the argument of this case, and thus, he/she will be able to give guidance only once by taking into account the circumstances indicated in the argument of this case.

Registration of Personal Information

Where this judgment becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 33 of the same Act

Matters concerning disclosure order and notification order

In light of the relationship with the victim, the motive leading to the crime, the age of the defendant, and the fact that the defendant has no record of criminal punishment due to a sexual crime, etc., it is determined that there are special circumstances under the proviso of Article 37(1) and the proviso of Article 41(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes to disclose personal information to the defendant, and thus, an order to disclose and notify the information is not issued.

It is so decided as per Disposition for the above reasons.

Judges

Judge Lee Jae-young

Judges Park Young-sik

Number of judges exclusive;

arrow